‘So far in human history, the State controlled the society. The task is for the society to control the State.’ – Karl Marx

As an exemplary gesture in 2006, a former Senior Additional Solicitor
General, Srinath Perera, contested a local government council
(Boralesgamuwa Urban Council) believing that ‘the lack of committed,
decent and capable people coming forward’ was one of the factors for the
deterioration of the local government system. Giving an interview on
his extraordinary decision to the ‘Sunday Island’ (26 March 2006) he said:

“I believe that the overall system [i.e. free education] has
allowed me to achieve what I have achieved and I felt a need to give
back something in return before I die. I am also aware that there are
very few educated people who are willing to enter the fray and for very
good reasons too. On the other hand a lot can be done if committed,
decent and capable people come forward, especially in local
authorities.”

His example was an isolated incident which was not emulated or
continued thereafter. Instead we have seen rapists, killers, thugs and
extortionists getting hold of the power in many local councils with the
support of major political parties or party leaders in order to keep
their power bases at local and grassroots levels intact. This is a
vicious link that needs to be broken.

Importance

The importance of the local government system doesn’t need to be
overemphasized. It is self- evident. The importance is not only for the
democratic pyramid, with 336 local councils at the bottom, but also for
economic development and social welfare. The system has ancient
inspirational roots in the ‘Gam-Sabha’ system, modernized and/or
substituted during the British period. It is less recognized that the
people in the country first learnt about the value of the franchise or
the representative democracy through the local government system,
however limited, well before the universal franchise was introduced for
the State Council in 1931.

Local governments are the public/state institutions closest to the
people and their day to day as well as development needs from garbage
collection to building approvals through health, sanitation, local roads
and environmental protection. When the local government system was
reformed in 1987, ‘community development’ was introduced as a major
function also allowing the local councils to get involved in
‘enterprises’ in partnership with the private sector (PPP).

The tasks of the local government institutions have evolved from
purely supplying ‘utility services’ to at least promoting
‘social-development,’ although these have not been undertaken in the
past, during the dark-days. It is a mindboggling question whether many
of our local councillors, former and hoping to contest again have any
notion of these important tasks! The country’s civil war undoubtedly was
a disruptive factor and also an easy excuse. The local government areas
also can be considered as economic units or ‘developmental zones.’ When
properly coordinated with the provincial councils and the central
government agencies i.e. the Divisional Secretariats, these councils or
institutions can potentially deliver a yeoman service for economic and
social development.

The creation of ‘One Stop’ shops or offices to supply all the
services of the local government, provincial councils and the central
government in one vicinity could be the most beneficial for the people.
This is about the future and not necessarily the present.

Urgent Need

The pressing need however at present is the holding of the much
delayed elections for the local government councils, eliminating the
mess created by the last government, and also the present one, in the
electoral system. As the new constitution making hopefully is going to
look at the electoral system afresh, it is best to conduct the local
council elections under the old PR system, unfortunately with its
integral defects. If the government is wise, it can avoid some of the
glaring defects quickly or allow the Elections Commission and the Police
to enforce the election laws strictly.

The Minister’s claim that there is ‘no old system left’ is only
rhetoric and not correct. What is absent is a ‘new system.’ The
available ‘bits and pieces’ in the form of the 2012 Amendment, the 2015
Delimitation Report and even the 2016 Amendment are highly defective and
contradictory.

The representative government is not about the numbers or the
quantity, but about the quality. What the haphazard reforms have done is
to inflate the numbers without much sense. The 2012 delimitation
committee has carved out 4,833 wards to elect 5,092 members while the
previous number was 4,486. When the 30 percent PR component is added it
will be 6,619; and with the 25 percent women representation, the total
will be 8,274. This is an increase of the number of councillors by
3,788; equivalent to 85 percent increase. While there is no direct need
to increase the number of representatives according to the population
growth, this increase is more than the double of the population growth
(40%) since 1987 when the PR system was introduced.
There are many other legal ambiguities preventing the elections other
than the mess in the half-baked electoral system. The Election
Commission has requested the government to rectify them, but
unfortunately without any progress. This is another reason why the
elections should be held under the ‘old’ PR system. By enacting a brief
amendment to the Local Authorities Elections Ordinance to revoke the
past amendments since 2012, this could simply be done. In addition, if a
clear limit to election expenditure and a strict prohibition of
election violence could be imposed, these can be implemented by the
Elections Commission and the Police.

Over Politicization

One of the major problems of the local government system is over
politicization. This is also linked to corruption, mismanagement, abuse
and inefficiency. Whatever the local councillors do are usually defended
by the party hierarchies at the top. This is normally the case when the
councillors are aligned with the ruling party. Others may lie low until
they get the opportunity, or otherwise they usually crossover.

There is another aspect to over politicization. That is the
councillors’ unwarranted interference in local government
administration. The tasks of the councillors are to represent people,
debate policy, approve budgets, oversee administration, question when
the administrators’ make mistakes or slack in duty, and make proposals
for new initiatives. Their task is not to interfere in administration.

There is a pressing need in improving quality and the management
aspects of local government. This can best be done by adopting and
efficiently implementing ‘management or business excellence frameworks.’
These are not unknown to Sri Lanka, particularly in the private sector,
whether it be Malcolm Baldridge (American), European Model (EFQM) or
the Australian Framework (ABEF). Sri Lanka possibly can develop its own
framework/s. All these to happen, there should be a breakthrough at the
next elections.

There is no much point in having big party competitions in local
councils or for council elections. Much worse is when competitions are
conducted purely on national issues. The functions of the local
government councils are well defined and limited as explained before. If
there is any connection between the national issues and the local ones,
that is about the connection between macro policies and micro
application. The local elections or competitions should be primarily on
local issues, policies and development plans, of course within a
national (as well as a global) perspective.

The local elections should not be considered a mere barometer of
popularity of national parties i.e. the ruling party verses the
opposition. It might not be possible to change this mind-set overnight,
but there should be efforts to do so. If the major parties care for
democracy in the country, they should allow the local or district party
organizations to function properly without controlling them from Colombo
or Jaffna. This is relevant not only for the UNP and the SLFP, but also
for the parties like the TNA. The need for devolution or
decentralization is not only for the state structures, but also for
party organizations.

Why Civil Society?

The people however cannot wait until the corrupt political parties or
politicians get reorganized. It might never happen. That is why the
civil society should take over.

It was Karl Marx who once said ‘so far in human history, the State controlled the society. The task is for the society to control the State.’
This is about democratic transformation and this could begin from the
bottom up, through the local government system. Society in general means
a larger entity. The most conscious or the organized section is called
the civil society. That is why we talk about the role of the ‘civil
society’ than the society in general in meeting this task in practical
terms.

In the present day politics and the representative democracy, there
is a contradiction between the state and the civil society. This has
been emphasized equally by the socialist as well as the liberal
thinkers. This contradiction is also evident between the ‘political
society’ and the civil society. By ‘political society’ here we mean
mainly the status quo or conventional political parties.

This contradiction is usually enhanced after an election. Once they
get elected, it is the natural tendency of the leaders or the so-called
people’s representatives to get alienated or distanced themselves from
the people and people’s aspirations. The reasons are due to their newly
acquired closeness to ‘power and money.’ This is apart from wilful
treachery to acquire both. This has become abundantly clear after the
two democratic elections (did we say ‘revolutions’?) last year.

The resolution or mediation of this contradiction should come from
the civil society. This is part of the democratic cause. Awareness,
vigilance, exposure, pressure and defiance are some of the ways. There
are some advantages in doing so in modern times due to advances in
information technology, free media and the growing awareness and resolve
against injustices, corruption and power abuse. The surest way however
is direct intervention. The direct intervention by the civil society.

Conclusion

What I am concluding simply is for the organized civil society or the
civil society organizations to take over the local governments. My
appeal is for the civil society organizations – of women, youth,
professionals, academics, media, artists, trade unions, small
businesses, NGOs, citizens and seniors – to contest the local government
elections in coordination, with commitment and discipline, and to
defeat the UNP and the SLFP. If the SLFP (UPFA), the UNP and the TNA are
committed to democracy and good governance, they should allow the civil
society organizations to take over LG’s at least in certain areas on an
experimental basis.

It should also be emphasised that if the civil society organizations
fail to coordinate themselves, eschew any conflicts, become committed
and disciplined, and most importantly fail to select the correct
candidates, the result might be worse than the existing political
parties.